Trauma in Competency to Stand Trial Evaluations

Owen, Elizabeth; Perry, Alan; Scher, Devora Panish

doi:10.1007/978-3-030-33106-1_3

Cited by 4 publications

(5 citation statements)

References 40 publications

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“…As noted by N. P. Morris et al (2021), estimates have ranged from a low of 19,260 (Steadman et al, 1982) to a high of 94,000 (Owen et al, 2020). More recent estimates have suggested at least 130,000 competency evaluations are conducted each year (Murrie et al, 2023); many scholars have noted that the increase in evaluations has been linked to the increase in criminal prosecutions, which directly impacts the number of individuals with mental illnesses and/or developmental disabilities that enter the system (Bonnie & Grisso, 2000; R.…”

Section: Competence To Stand Trialmentioning

confidence: 94%

Section: Competence To Stand Trialmentioning

confidence: 99%

“…It has been 63 years since Dusky and while the number of defendants referred for evaluation remains unknown, it is clear that there has been a dramatic increase in court referrals and evaluations over the course of time (see e.g., Callahan & Pinals, 2020;Danzer et al, 2019;Gowensmith, 2019; N. P. Morris et al, 2021;Mossman et al, 2007;Murrie et al, 2023;Owen et al, 2020). As noted by N. P. Morris et al (2021), estimates have ranged from a low of 19,260 (Steadman et al, 1982) to a high of 94,000 (Owen et al, 2020). More recent estimates have suggested at least 130,000 competency evaluations are conducted each year (Murrie et al, 2023); many scholars have noted that the increase in evaluations has been linked to the increase in criminal prosecutions, which directly impacts the number of individuals with mental illnesses and/or developmental disabilities that enter the system (Bonnie & Grisso, 2000;R.…”

Section: Competence To Stand Trialmentioning

confidence: 99%

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A comprehensive update and evaluation of state and federal statutes on competency to stand trial: Dusky, Jackson, Sell, and Olmstead considerations.

McCormick,

Nance,

Salekin

2024

Psychology, Public Policy, and Law

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Competency to stand trial (CST) has become one of the most significant mental health issues facing the criminal justice system. What has been dubbed the “competency crisis” has been attributed to the ever-increasing referrals, rising costs, and limited availability for inpatient restoration. Concerns regarding criminal competencies have reached the highest branch of the judiciary, and each time, the Court opined that decisions rest with the state. With the goal of evaluating similarities and differences among state laws and procedures, state statutes were reviewed to identify the criteria being used to evaluate CST, the length of time deemed “reasonable” to restore competence, the legality of forcible medication for the sole purpose of restoring competence, and approved locations of restoration. With regard to criteria, the vast majority of states legislate the use of Dusky some with supplementary capabilities with treatment locations being highly restrictive to expansive. Reasonable time to restoration was less homogenous with time periods ranging from 30 days to the maximum length of sentence for the charge; several states take a hybrid approach combining time period with the maximum sentence based on the seriousness of the charge. Lastly, it was found that very few states have adopted the Sell criteria though the use of forcible medication is permissible. Given the profound impact that all of these decisions have on an individual’s civil liberties, it is time for states to review their laws and evaluate the impact of these decisions on individuals not yet convicted of a crime.

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Section: Competence To Stand Trialmentioning

confidence: 94%

Section: Competence To Stand Trialmentioning

confidence: 99%

Section: Competence To Stand Trialmentioning

confidence: 99%

See 1 more Smart Citation

A comprehensive update and evaluation of state and federal statutes on competency to stand trial: Dusky, Jackson, Sell, and Olmstead considerations.

McCormick,

Nance,

Salekin

2024

Psychology, Public Policy, and Law

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“…In contrast, Fuller et al (2017) estimated that 90,000 defendants in 2015 were "too disordered to understand the charges on which they were detained" (p. 1), calculating this figure using the number of pretrial detainees and the "generally accepted estimate that 20%" of individuals incarcerated pretrial have a severe mental health disorder. Yet another estimation, offered by Owen et al (2020), placed annual volume at 94,000. As highlighted by Morris et al (2021), myriad data sources and methods of data extrapolation result in an imprecise understanding of the CTP crisis.…”

Section: Estimating Ctp Evaluation Volumementioning

confidence: 99%

Court-reported competence to proceed data across the United States.

Kois,

Potts,

Cox

et al. 2024

Law and Human Behavior

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Objective: Competence to proceed (CTP) is a constitutional protection intended to facilitate fairness and dignity of court proceedings. Researchers have estimated that between 60,000 and 94,000 defendants are evaluated for CTP each year. Yet no research has systematically identified the number of evaluations conducted each year, despite their critical role and many profound implications. We used large-scale, systematic data collection to address this knowledge gap. Hypotheses: Given the siloed nature of the judicial and forensic mental health systems, we anticipated incomplete data and that the number of evaluations would far exceed previous estimates. Method: In September 2019, we used public information requests to solicit CTP evaluation order data from the judiciaries of 50 U.S. states, the District of Columbia, and the Federal Bureau of Prisons. We accepted evaluation proxies, such as evaluations ordered or evaluations filed, from the 2018/2019 calendar/fiscal year. We used Uniform Crime Reporting data to estimate a nationwide evaluation-to-arrest ratio and annual evaluation volume. Results: Twenty-five states provided data. We deemed data from 18 states acceptable while acknowledging that data likely underrepresented actual evaluation volume. By extrapolating data from these 18 states, we estimated a conservative national evaluation-to-arrest ratio of 0.015 (95% confidence interval [−0.007, 0.037]), which suggested that 15 evaluations are conducted per 1,000 arrests each year. Consequently, it seems likely that at least 140,000 evaluations are ordered each year nationwide, with several hundred people referred for evaluations each day. Conclusions: Annual CTP evaluation volume likely far exceeds previous estimates. Transparent data are difficult, if not impossible, to obtain. As a result, researchers, legal and forensic mental health professionals, and policymakers lack the ability to implement informed, constitutionally protected CTP practices. Key implications, research directions, and detailed data infrastructure recommendations are provided.

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“…On sentencing in general in this specific context, see Gohara, 2018. On competency determinations in this context, see Owen and colleagues, 2020.…”

mentioning

confidence: 99%

Trauma-informed forensic mental health assessment: Practical implications, ethical tensions, and alignment with therapeutic jurisprudence principles.

Goldenson¹,

Brodsky²,

Perlin³

2022

Psychology, Public Policy, and Law

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The need for trauma-informed practice is well recognized across mental health and legal settings; however, relatively little has been written about its application in forensic mental health assessment. This article focuses on trauma-informed assessment of criminal justice involved individuals, given the high rates of trauma exposure and related sequelae in this population. A trauma-informed lens allows forensic mental health examiners to assess examinees in the context of their developmental histories and lived experience. Such a lens also has implications for the entire assessment process in terms of interviewing, psychological testing, diagnostic conclusions, feedback, and the provision of testimony and educating triers of fact. Being adequately compassionate is not only ethical, but also likely to enhance data quality. We identify tensions with respect to maintaining the role clarity necessary for forensic practice, and examiner self-awareness is discussed as a way to manage emotional reactions and to reduce bias and role conflict. We examine these issues through the framework of therapeutic jurisprudence; the principles of this framework and trauma-informed forensic mental health assessments are aligned and could (and should) synergistically lead to important changes to psycho-legal practice.

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Trauma in Competency to Stand Trial Evaluations

Cited by 4 publications

References 40 publications

A comprehensive update and evaluation of state and federal statutes on competency to stand trial: Dusky, Jackson, Sell, and Olmstead considerations.

A comprehensive update and evaluation of state and federal statutes on competency to stand trial: Dusky, Jackson, Sell, and Olmstead considerations.

Court-reported competence to proceed data across the United States.

Trauma-informed forensic mental health assessment: Practical implications, ethical tensions, and alignment with therapeutic jurisprudence principles.

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